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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70195
Experience:  Over 5 years in practice
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I am a part owner of a mortgaged property and have an unruly

Customer Question

i am a part owner of a mortgaged property and have an unruly 18 year old that i want to leave but my partner doesnt. What are my rights?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi
Does he pay any rent?
Customer: replied 1 year ago.
NO
Customer: replied 1 year ago.
no
Expert:  Jo C. replied 1 year ago.
Your names are ***** ***** the property. The situation here is rather odd.
Either of you are entitled to have any guest there that you wish.
However as soon as the person wanting the guest leaves the property (to go to the shops for example) the person remaining who doesn’t want the guest there is entitled to ask the guest to leave.
When the other returns they are once again entitled to have the guest in the property.
As you appreciate, the above, whilst it is the situation, is a completely impractical way to live and may encourage the “guest” to leave.
Unfortunately, there is no court action you can take that’s likely to succeed in getting the guest to leave if your partner wants the guest to stay.
It would be different if there was any allegation of violence because then, you could get an injunction to exclude him from the house.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
you have not answered my original question, he is my son who has reached the age of 18 and is rude and threatening towards me....do i have the right as joint mortgagee legally to ask him to leave as he no longer will listen to reasonable requests.
Expert:  Jo C. replied 1 year ago.
Either of you are entitled to have any guest there that you wish.
However as soon as the person wanting the guest leaves the property (to go to the shops for example) the person remaining who doesn’t want the guest there is entitled to ask the guest to leave.
Therefore, if he is the guest of the other joint mortgagee he is entitled to remain.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
what recourse is available if i ask the guest to leave in this instance but he refuses to
Expert:  Jo C. replied 1 year ago.
I'm really sorry but if he has the permission of the other mortgagee then he can remain whether you are unhappy or not.

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